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Decree No. 33/2010/nd-Cp: Active Management Of Fisheries Exploitation Organizations, Individuals In Vietnam On The Waters

Original Language Title: Nghị định 33/2010/NĐ-CP: Về quản lý hoạt động khai thác thủy sản của tổ chức, cá nhân việt nam trên các vùng biển

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The DECREE on the management of fisheries exploitation activities of organizations and individuals in Vietnam on the waters to the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law of fisheries on November 26, 2003;
Considering the recommendation of the Minister of agriculture and rural development (the sheet number 4382/TTr-BNN-KTBVNLTS on December 31, 2009 and no. 716/BC-BNN-TCTS on March 16, 2010), the DECREE: chapter I GENERAL PROVISIONS article 1. Scope, application object 1. Scope of this Decree, regulations on mining operations management of fisheries within and beyond the waters of Vietnam.
2. The object of applying individual organization Vietnam made seafood exploitation activity is the object of this Decree apply.
Article 2. Explanation of terms 1. Online banks is the line segment connecting the elbow score: from 01 to 18 points. Coordinates of points from point 1 to point 18 is defined by longitude and latitude specified in the annex.
2. Online is the splendid segments line segments connecting the points: from point 01 ' to 18 '. Coordinates of points from 1 ' to 18 ' defined by longitude and latitude specified in the annex.
3. Vietnam's sea waters in the sovereignty, sovereign rights, jurisdiction of the Socialist Republic of Vietnam is regulated in the law on the State border on June 17, 2003;
4. The waters of the sea of Vietnam is the region of the sea or the waters of other countries and territories.
5. The sea is the sea outside the exclusive economic zone of Vietnam and the exclusive economic zone of the country or territory to the other.
Article 3. General principles 1. The Ministry of agriculture and rural development, the unified Government to manage the operations of fisheries organizations, individuals in and outside Vietnam Vietnam waters.
2. Operations management fisheries exploitation in order to organize effective extraction and coupled with the protection and development of aquatic resources; guaranteed safe for fish and fisheries mining activity on the seas; ensure the Vietnam fisheries exploiting fish vessels in and out of the waters of Vietnam.
3. Divide to divide the waters of Vietnam into the exploitation of fisheries targeting logical distribution capacity advantages on the waters, contributing to enhancing the effective management of fisheries exploitation activities.
Chapter II MINING OPERATIONS MANAGEMENT of FISHERIES in the WATERS of the PHILIPPINES article 4. Partition the exploitation of fisheries 1. Vietnam waters are classified into three regions exploit fisheries in order: a) coastal waters are limited by the edge of the sea at the coast and banks;
b) splendid Region: is the sea is limited by online banks and splendid;
c) The sea: the sea is limited by the splendid and the outer boundary line of the exclusive economic zone of Vietnam waters.
2. the people's Committee in the two provinces and cities under central coast (known as the provincial people's Committee) adjacent to each other based on the specific characteristics of the region's coastal geography to define consultative and announced the border region of coastal fisheries exploitation between the two provinces.
Article 5. Active management of fisheries exploitation in Vietnam waters held, personal operations aquaculture in Vietnam waters must comply with the provisions of the relevant legislation and the following provisions: 1. The regulations of the Ministry of agriculture and rural development, or of the provincial people's Committee on the list of species banned exploitation; the extraction methods, types of mines, fisheries instruments prohibited use or restricted use in waters or each online exploitation; the area banned mining and banned mining areas has a time limit; categories, the minimum size of the species allowed to exploit.
2. Regulations for the fishing vessel operating in the mining region of fisheries: a) the train air has a total capacity of main machine from 90 CV and over exploitation of fisheries in the sea and the sea of fish, not be exploited fisheries in coastal waters and splendid region;
b) Ship air has a total capacity of main machine from 20 CV to under 90 CV harvesting in the region and the splendid sea, not be exploited fisheries in coastal waters and the sea;
c) Ship air main machine capacity under 20 CV or not ship machines harvesting in coastal areas not to be exploited in the splendid, the sea and the sea;
d) do ship floating fish fin small nets, krill mines not restricted the capacity when operated in the mining and coastal region. The provincial people's Committee specified the occupations and fishing activity for this ship;
DD) in addition to the provisions of the ship's main engine, harvesting vessels have to meet safety regulations when operating ships on each coast.
3. fisheries exploitation fishing vessel under 20 CV or spacecraft registered in the machine would then only be exploited fisheries in coastal areas of the province. Except in the case of the people's Committee of the two provinces have had a private agreement bounding about allowing the fishing vessel into the exploitation of fisheries in coastal areas of the province.
4. Fishing vessel operating in the region and the splendid sea, must be marked for identification. The Ministry of agriculture and rural development, the specific rules of evidence with regard to fishing vessel operating in the region and the splendid sea.
Chapter III MINING ACTIVITIES MANAGEMENT of FISHERIES in the WATERS of the SEA of VIETNAM article 6. The conditions of exploitation of fisheries in the waters of the sea of Vietnam held personal advantages, in the region of the sea or the sea of other territories, countries must have the following conditions: 1. for fishing vessel: a) the fishing vessel has qualified the limited activity level I or level without restriction. Active in the case of the countries of South-East Asian region, the fishing vessel must have qualified the limited activity level II;
b) has been registered, to check out. Certificate of technical fishing vessel safety must have time in force for at least 3 months;
c) fully equipped for safety equipment and fishing vessel, the corresponding contact information with active waters in accordance with the law;
d) payroll enough crewmembers as prescribed by law.
2. for crews and people working on the fishing vessel: a) the captain, the leader must have the certificate or the captain, the head of so competent bodies;
b) boat insurance;
c) Have Shared fishing vessel crews.
3. In addition to the provisions in clause 1, 2 of this, fishing vessel or fishing vessels operate groups exploit fisheries in the waters of other countries and territories must have: a) cooperative fisheries exploitation between the Socialist Republic of Vietnam with the country, territory or sea contract mining cooperation between fisheries organizations personal Vietnam, with personal, organization, national sea territory, are the competent authorities of the country, approved sea territory;
b) on the same ship or group of ships must have at least 1 person know fluent in English or the nation's common language, territory that fishing vessel to exploit;
c) crews on board must have a passport.
Article 7. The procedure and order the relevant papers for fisheries exploiting fish vessels in the waters of Vietnam and sea level again after the papers exploit fisheries in the waters of Vietnam waters about 1. To be exploited fisheries in the region of the sea or the sea of countries, other territories, organizations, individuals must apply to the Bureau of fisheries under the Ministry of agriculture and rural development. The records include: a) grant proposal Application papers for fishing vessel operations of fisheries in the region of the sea or the sea of countries, other territories, certified by the State administration of provincial fisheries, where registered fishing vessel owners;
b) contract cooperative exploitation of fisheries (for the fishing vessel operating in countries and territories not yet included fishing cooperation agreements with Vietnam, certified copy);
c) fishing vessel registration certificate (copy);
d) certificate of technical fishing vessel safety (a copy);
boat list);
e) By captain, air Minister (copies).
2. within 7 working days, from receipt of a valid application, the General Department of fisheries to review records and the papers for the fishing vessel go exploit fisheries outside the waters of Vietnam (in Vietnamese and English), including: a) license for the fishing vessel go exploit fisheries in the waters of the sea of Vietnam;
b) fishing vessel registration certificate;
c) certificate of technical fishing vessel safety;
d) list of crews.
In the case of non-papers referred to in paragraph 2 of this Article, the General Directorate of fisheries must have text answers and fishing vessel owners stating the reason.
3. After the grant of the papers for the fishing vessel go exploit fisheries in the waters of the sea of Vietnam, the General Department of fisheries is responsible for notifying the local boat fisheries exploitation outside the waters of Vietnam and the Ministry of public security, Defense: diplomacy to coordinate follow-up and management.
4. Fishing vessel after the exploitation of aquatic resources in the waters of the coast of Vietnam, to restore the fisheries exploitation activities in the waters of Vietnam must submit records of State administration of provincial fisheries. The records include: a) application allows fishing vessel returned and again the relevant papers to fishing vessel operations in Vietnam waters;
b) The papers was the Directorate of fisheries for the train to go dig in the waters of the sea of Vietnam;
c) within 5 working days of receiving a valid profile. The Directorate of fisheries or State administration of provincial fisheries, proceed to perform safety inspection technique for fishing vessel, the relevant documents by the authority, to restore activity for fishing vessel under regulation.
d) after granting papers to restore activity for fishing vessel, the State administration of provincial fisheries shall inform the General Directorate of fisheries known to track and manage.
5. The paper form is defined in art. 1, art. 2 and art. 4 of this due to the Ministry of agriculture and rural development regulations.
Chapter IV

The LIABILITY of the ORGANIZATION, the individual FISHERY OPERATIONS article 8. The liability of the Organization, the individual fishery operations in Vietnam waters 1. To fulfill the obligations set forth in article 21 of the law.
2. the full implementation of the provisions of Decree No. 69/2005/ND-CP dated 19 May 2005, the Government guarantee the safety of people and aquatic activities fishing vessel and the provisions of relevant laws.
3. In the course of operations on the sea, on the fishing vessel must have the papers (original): a) fisheries exploitation license, except for the exploitation of fisheries by fishing vessel have tonnage under 0.5 tonnes;
b) certificate of technical safety for vessels fishing vessel fishing under the provisions of the law must have a certificate of technical fishing vessel safety;
c) fishing vessel registration certificate under the provisions of the law. For fishing vessel were at the Bank, the mortgage must have a copy of the certificate of registered fishing vessel were confirmed that bank;
d) roster boatmen, boatmen Book fishing vessel under the provisions of the law.
For crews and people working on the fishing vessel that law had not Shared the crews must have identification.
4. mining and logging reports of exploitation of fisheries under the Ministry of agriculture and rural development.
Article 9. The responsibility of the organization or individual operating the exploitation of fisheries in the waters of the sea of Vietnam 1. The full implementation of the procedures of entry and exit under the provisions of the law of Vietnam, the country's law, that sea territory to exploit fishing vessel.
2. Compliance with the law of Vietnam, the provisions of international treaties to which the Socialist Republic of Vietnam is a member and to national laws, which waters territory to exploit fishing vessel.
3. fishing vessel Owners must buy insurance for the crews and the people who work on the fishing vessel.
4. In the process of exploitation of fisheries activities on the sea, Captain of the fishing vessel must carry the papers (original): a) The documents prescribed in paragraph 2 article 7 of this Decree;
b) related documents by country, territory of the sea level, when the fishing vessel to operate on the waters of that country.
5. In the event of an accident or incident of dangerous situations in need of help, the captain must signal an emergency and timely contact with the authorities of the country have, inform the diplomatic missions, Consulate of Vietnam for help; notify the State Agency of the provincial fisheries or to the Ministry of agriculture and rural development.
Chapter V RESPONSIBILITIES of STATE ADMINISTRATION BODIES article 10. The responsibility of the Ministry of agriculture and rural development 1. Hosted, in cooperation with the ministries concerned and the people's Committee in the coastal province held the investigation, probing reviews of aquatic resources and build a map of the fishing grounds prediction in each region; construction planning, development plans, occupational structure fishing vessel reasonable in order to protect and develop aquatic resources in the direction of sustainability.
2. Hosted, in cooperation with the ministries involved, the people's Committee in the coastal province in the management of fishing vessel operations of fisheries on the marine region; inspect, test, handle breaking the law; coordinate with functional forces in search and rescue work for people and fishing vessel operation advantages on the Vietnam coast and the sea.
3. Construction of information management system of fishing vessel; license for fishing boats operating on the seas under the jurisdiction.
4. Organization of training, fostering a team captain, Air Chief of fishing vessel, crew and people working on the fishing vessel about careers, professional service.
5. Guide the provincial people's Committee issued the policy support mechanisms for career transition fishermen exploit the coastal region; recreational fisheries development; implementation of community-based management for the coastal region; the content of propaganda, the common law rules relating to fisheries exploitation activities serve the propaganda, education in local law.
Article 11. The responsibilities of the ministries involved In the scope of responsibility and authority, the ministries concerned, in coordination with the Ministry of agriculture and rural development, made the inspection, control, handling of infringement, ensuring security and safety for fishermen to exploit the fisheries on sea; stop the violations of the law on fisheries; in collaboration with the industry, the level of search and rescue and fishing vessel on the sea, creating favorable conditions for fishermen to conduct mining activities in fisheries on the seas; in collaboration with local governments in coastal track and manage Active fishing vessel in the waters of the sea of Vietnam.
Article 12. The Commission's responsibility to the people of the coastal province 1. The base of the planning development of fisheries, construction planning, media development plan, career structure of exploitation and protection of aquatic resources in the scope of the province; in collaboration with the Ministry of agriculture and rural development in the work of the investigation, exploration, reviews of aquatic resources.
2. mining operations management of fisheries in coastal areas, splendid region. Hierarchy and coastal zone management guide for district-level people's committees, communal level; development of management models have the participation of the community with regard to the management of aquatic resources in the coastal region.
3. Advocacy, education and legislation of fisheries for the people.
4. Guidance and disseminate replicable models held advantages according to, team, group production in association with logistical services, ensure the safety at sea; Guide and facilitate career conversion fishermen to exploit fisheries and coastal region, the harm to aquatic resources to the exploitation of off-shore fisheries or aquaculture products and other services.
5. Organization of the work of inspection and control mining activities in the range is assigned to the management, implementation of measures to protect and develop resources in the coastal region and the range of the magnificent; in collaboration with the Ministry of agriculture and rural development, the agencies involved in controlling the operations of fisheries in the region off the Vietnam coast and beyond.
6. monthly periodic report the Ministry of agriculture and rural development on the situation registered fishing vessel, fishing vessel register and license the exploitation of fisheries in its regulation of the Ministry of agriculture and rural development.
Chapter VI article 13 ENFORCEMENT TERMS. Effective enforcement of this Decree has effect as from 15 June 2010 and replaces Decree No. 123/2006/ND-CP dated 27 October 2006 from the Government on the management of fisheries exploitation activities of individual organizations, Vietnam on the seas.
Article 14. Guidelines and the implementation Decree 1. The Minister of agriculture and rural development is responsible for guidance and examine the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, and city in coastal Central is responsible for the implementation of this Decree.